Case law

Pico Neighborhood Association v. City of Santa Monica

California Supreme Court · Aug 24, 2023

An at-large electoral system or multimember district 2 can qualify as a prohibited practice under the VRA when the plaintiff can show that a bloc-voting majority is 2 “In an at-large (or multi-member district) system … Furthermore, the Legislature clearly intended to make the CVRA more expansive than the VRA — by, for example, explicitly recognizing claims based on dilution of the “ability to influence the outcome of an election.”

La Laguna Ranch Co. v. Dodge

18 Cal. 2d 132 · California Supreme Court · Jun 20, 1941

That protection sought to be obtained must be to qualify the assignment for recordation, and thereby give constructive notice to subsequent assignees of the lessee that their rights are inferior to the fractional assignment … Under the instruments in the Venago case assigning percentages of the oil to be produced, saved and sold, the lessee clearly had the right to market the oil, returning to the royalty holder a money payment.

People v. Benavides

24 Cal. Rptr. 3d 507 · California Supreme Court · Feb 17, 2005

In capital cases, death-qualifying examination pursuant to Hovey v. … Forensic evidence established the prior injuries were inflicted one to two months prior to November 17.

People v. Brasure

71 Cal. Rptr. 3d 675 · California Supreme Court · Feb 7, 2008

Superior Court (1980) 28 Cal.3d 1, 80 , 168 Cal.Rptr. 128 , 616 P.2d 1301 *685 ( Hovey ) that the death-qualifying voir dire always be conducted individually and in sequestration, i.e., out of the other prospective jurors … In the court's view, counsel had not established that individual voir dire was necessary for candid communication with the prospective jurors or that "the hoped-for gain" outweighed "the great consumption of time involved

People v. Covarrubias

1 Cal. 5th 838 · California Supreme Court · Sep 8, 2016

Presence of motive may tend to establish the defendant's guilt. … Presence of motive may tend to establish the defendant‘s guilt.

Friends of Mammoth v. Board of Supervisors

8 Cal. 3d 247 · California Supreme Court · Sep 21, 1972

Retirement Board (1954) 42 Cal.2d 795, 799 [ 270 P.2d 12 ]); but a special or particular provision qualifies the general, especially where the provisions are inconsistent and cannot be reconciled (People v. … Yet, as respondents point out, the very similarities between the state act and the federal language underscore the fact that the Legislature intended the differences to be meaningful—a well-established rule (City of Port

People v. Bennett

45 Cal. 4th 577 · California Supreme Court · Jan 29, 2009

We conclude that neither establishes an unreported communication took place. … The reference to defendant purchasing a new Toyota was clearly intended to establish defendant was living a normal life, not that he was spending money other than that earned at work.

People v. Armstrong

1 Cal. 5th 432 · California Supreme Court · Aug 11, 2016

Even if charges are properly joined under section 954, the trial court retains discretion to try them separately, but “[t]he burden is on the party seeking severance to clearly establish that there is a substantial danger … Defendant first argues that the three sets of crimes were not sufficiently similar to one another to qualify as cross-admissible on the issue of identity.

People v. Ramirez

50 Cal. 3d 1158 · California Supreme Court · Jun 14, 1990

And although Townsend’s out-of-court comment to the two witnesses was clearly misconduct, there is nothing in the record to suggest either that any other juror was aware that Townsend had made the remark or that the remark … Finally, the court told the jury that “pity, sympathy or mercy for the defendant may be sufficient to justify a sentence of life without possibility of parole.” *1200 Defendant contends that because the court qualified its

People v. Moye

47 Cal. 4th 537 · California Supreme Court · Aug 24, 2009

The court reasoned, “Nevertheless, the final incident with Mark wielding the bat, could qualify as adequate provocation. . . . [Sjufficient provocation may be verbal or physical. … Accordingly, the claim must properly await a case in which it has been clearly raised and fully briefed. (Ibid.)

People v. Lewis

75 Cal. Rptr. 3d 588 · California Supreme Court · Apr 28, 2008

The failure to articulate clearly a Wheeler/Batson objection forfeits the issue for appeal. ( People v. Gallego (1990) 52 Cal.3d 115, 166 , 276 Cal.Rptr. 679 , 802 P.2d 169 .) … Accordingly, the prosecution did not have the opportunity to establish that Detective Ferrari was so qualified. (See People v. Gutierrez (2002) 28 Cal.4th 1083, 1139-1140 , 124 Cal. Rptr.2d 373 , 52 P.3d 572 .)

Calhoun v. Superior Court

46 Cal. 2d 18 · California Supreme Court · Dec 30, 1955

In the present case, as in the Gebardi case, if conspiracy is held to lie, the very immunity granted by this statute is, by implication, withdrawn. … as held in the Clapp case [ 24 Cal.2d 835 ( 151 P.2d 237 ) (accomplice)], the Legislature has expressed an intent that a woman who consents and voluntarily submits to an abortion is not punishable under section 274, it clearly

People v. Banks

59 Cal. 4th 1113 · California Supreme Court · Aug 14, 2014

Concluding that the prosecution had established that Latasha W. … We conclude that the trial court erred under clearly established precedent, but we find the error harmless.

People v. Canty

14 Cal. Rptr. 3d 1 · California Supreme Court · May 27, 2004

That result would be contrary to the evident intent of the Vehicle Code—which clearly is to increase, with each new violation, the punishment for driving while under the influence of drugs. 6 *1283 Further, that result would … As we have discussed, the statutes, voter information, and statutory history of this initiative measure establish that driving while under the influence of drugs is a misdemeanor not related to the use of drugs within the

People v. Wrigley

69 Cal. 2d 149 · California Supreme Court · Aug 9, 1968

From the first trial, defendant full well knew the nature of the prosecutrix' testimony; and he knew that her testimony at the instant trial was qualified with such statements as "I believe it was," "as I can remember," and … The credibility of her testimony was further eroded by her clearly erroneous determination of defendant's vacation and the alleged times of the offense.

Ewing v. Cloverleaf Bowl

20 Cal. 3d 389 · California Supreme Court · Jan 6, 1978

Rptr. 623 , 486 P.2d 151 ], and improperly immunizes a bartender from all responsibility for a *395 senseless death that the jury could have found foreseeably flowed from the bartender's reckless conduct. 1. … We cannot conclude, therefore, that plaintiffs, in presenting their own case, conclusively established defendant's claim of assumption of risk.

In Re Resendiz

105 Cal. Rptr. 2d 431 · California Supreme Court · Apr 2, 2001

Defense counsel clearly has far greater duties toward the defendant than has the court taking a plea. … The test for prejudice that is relevant in light of the preceding is well established.

People v. Gilbert

25 Cal. 2d 422 · California Supreme Court · Dec 22, 1944

untrue) that the state or a responsible officer thereof, such as a judge of competent authority or a district attorney, has entered into a bargain purporting to commit the state to give the defendant a reward, in the form of immunity … The fact that the defendants were so greatly interested in the testimony being given at that time clearly shows that neither they nor their counsel then considered that they had any *447 agreement as to the sentences which

People v. Aledamat

251 Cal. Rptr. 3d 371 · California Supreme Court · Aug 26, 2019

We conclude the usual “beyond a reasonable doubt” standard of review established in Chapman v. California (1967) 386 U.S. 18, 24 (Chapman) for federal constitutional error applies. … There was no insufficiency of proof in the sense that there clearly was evidence from which a jury could find that the victim had been asported the 90 feet.

People v. Hawkins

10 Cal. 4th 920 · California Supreme Court · Jul 20, 1995

Hedlund had been a regular customer at that establishment. … The manner of the killing clearly suggests an execution-style murder.